50 U.S. Code § 1809 - Criminal sanctions

(1)engages in electronic surveillance under color of law except as authorized by this chapter, chapter 119, 121, or 206 of title
18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section
1812 of this title;

(2)discloses or uses information obtained under color of law by electronic surveillance, knowing or having reason to know that the information was obtained through electronic surveillance not authorized by this chapter, chapter 119, 121, or 206 of title
18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section
1812 of this title.

(b) Defense

It is a defense to a prosecution under subsection (a) of this section that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.

(c) Penalties

An offense described in this section is punishable by a fine of not more than $10,000 or imprisonment for not more than five years, or both.

(d) Federal jurisdiction

There is Federal jurisdiction over an offense under this section if the person committing the offense was an officer or employee of the United States at the time the offense was committed.

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 95–511, Oct. 25, 1978, 92 Stat. 1783, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section
1801 of this title and Tables.

2008—Subsec. (a). Pub. L. 110–261substituted “authorized by this chapter, chapter 119, 121, or 206 of title
18, or any express statutory authorization that is an additional exclusive means for conducting electronic surveillance under section
1812 of this title.” for “authorized by statute” in pars. (1) and (2).

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–261effective July 10, 2008, except as provided in section 404 ofPub. L. 110–261, set out as a Transition Procedures note under section
1801 of this title, see section 402 ofPub. L. 110–261, set out as an Effective Date of 2008 Amendment note under section
1801 of this title.

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